United States District Court, S.D. Georgia
ORDER RE MOTIONS TO TRANSFER, STAY,
AND BE RELIEVED AS COUNSEL, AND ORDER VACATING
WILLIAM ALSUP, UNITED STATES DISTRICT JUDGE
putative TCPA class action, defendant moves to transfer venue
to the Southern District of Georgia. Plaintiff moves to stay
the action. Plaintiff's counsel moves to be relieved as
counsel. For the reasons stated below, the motion to transfer
is Granted, the motion to stay is
Denied without prejudice, and the motion to
be relieved as counsel is Granted. The
hearing is Vacated.
action is one of several lawsuits brought by plaintiff
Anthony Oliver against defendant Lyft, Inc., a corporation
based in this district (Dkt. No. 12, Exhs. D-E). Notably,
this district recently transferred two of plaintiff's
lawsuits against defendant to the Southern District of
Georgia (ibid.). Plaintiff dismissed one of these
actions upon transfer, and the other is pending (Dkt. No. 12,
Exh. M). Plaintiff returns to this district with the instant
case, alleging that Lyft, in violation of the Telephone
Consumer Protection Act, 47 U.S.C. § 227, sent
unauthorized text messages to his phone and the phones of
other Lyft users (Dkt. No. 1 ¶ 4).
residing in Chatham County, Georgia, plaintiff worked as a
Lyft driver until October 2018 (Dkt. No. 1 ¶ 15). As a
Lyft driver, plaintiff received texts regarding “local
Lyft sponsored events and other messages promoting Lyft's
mobile application” (ibid.). After his
termination, plaintiff continued to receive promotional texts
from Lyft, despite allegedly revoking consent to receive
communications from defendant (Dkt. No. 19-2 at 2). As such,
plaintiff contends that the texts sent after October 2018
violate the TCPA. He subsequently filed suit in this
is currently being held in the Chatham County Jail without
bond or a pending court date (Dkt. No. 19-2 at 1).
moves to transfer venue to the Southern District of Georgia
under 28 U.S.C. § 1404(a) (Dkt. No. 12). Plaintiff moves
to stay the action for five months, pending the resolution of
a criminal proceeding against him (Dkt. No. 14 at 4).
Plaintiff's counsel moves to be relieved as counsel (Dkt.
No. 17). This order follows full briefing. Pursuant to Civil
Local Rule 7-1(b), this order finds the pending motions
suitable for submission without oral argument and hereby
Vacates the hearing scheduled for June 6.
Requests for Judicial Notice.
may take judicial notice of any fact “not subject to
reasonable dispute because it . . . can be accurately and
readily determined from sources whose accuracy cannot
reasonably be questioned.” FRE 201(b)(2).
Lyft filed two separate requests for judicial notice. The
requests for judicial notice are Granted in
part and Denied in part.
Request for Judicial Notice in Motion to Transfer.
motion to transfer, Lyft includes twenty-one exhibits to be
judicially noticed (Dkt. No. 12, Exhs. A-U).
A is an order from the Central District of California that
declares plaintiff a vexatious litigant. Exhibit C is an
order from the Southern District of Georgia imposing
pre-filing conditions on plaintiff. Exhibits D and E are
orders from this district that transfer other actions between
plaintiff and defendant to the Southern District of Georgia.
Exhibit M is plaintiff's notice of dismissal of one such
action against Lyft. Exhibit U depicts caseload statistics in
this district and the Southern District of Georgia. The
request for judicial notice as to Exhibits A, C, D, E, M, and
U is Granted.
B and F pertain to various orders and motions from actions
that plaintiff filed in the past. Exhibit G depicts that
plaintiff was booked by the Chatham County Jail. Exhibits
H-L, Exhibit N, and Exhibits Q-T pertain to more orders and
motions from this district and the Southern District of
Geogia in actions in which both plaintiff and defendant are
parties. Exhibit O is a duplicate of Exhibit E. Exhibit P is
a copy of Lyft's Terms of Service. These exhibits are not
necessary for resolving the motion to transfer venue, so the
request for judicial notice as to Exhibits B, F, G-L, N, O-P,
and Q-T is Denied as moot.
Request for ...